Detailed Answer
This guide explains what you should collect and provide to a lawyer to begin a partition action under Rhode Island law. A partition action asks the court to divide jointly owned real property among co-owners or to order a sale and divide the proceeds. In Rhode Island, the statutes governing partition allow a court to divide property in kind or order a sale when division in kind is impractical. See R.I. Gen. Laws ch. 34-7 for the governing provisions: R.I. Gen. Laws § 34-7-1 and the chapter index at R.I. Gen. Laws – Title 34, Chapter 7 (Partition).
Before you meet your attorney, gather facts and documents that show ownership, describe the property, document financial contributions, and record any agreements or disputes among co-owners. The more complete and organized your materials, the faster your lawyer can prepare the complaint, serve co-owners, request relief (division or sale), and seek any accounting of rents, profits, or expenses.
Core documents and information to provide
- Current deed(s): The recorded deed showing how title is held (joint tenants, tenants in common, tenants by the entirety). Provide certified or stamped copies if you have them.
- Full chain of title: Any prior deeds, conveyances, or affidavits that trace ownership back several transfers. Title insurance policy and title report (if available).
- Legal description and parcel ID: The complete legal description of the parcel and the assessor’s parcel number (APN) or tax ID. Tax assessor pages or tax bills work here.
- Mortgage and lien documents: Any mortgages, promissory notes, loan payoff statements, mechanic’s liens, judgment liens, or UCC filings affecting the property.
- Surveys, plats, and maps: Any boundary surveys, plot plans, subdivision plats, or recorded easements or rights-of-way.
- Deceased or incapacitated co-owner documents: Death certificates, probate case numbers, letters testamentary/administration, guardianship or conservatorship orders.
- Leases and rental records: Copies of current and past leases, tenant security deposit records, rent ledgers, and contact information for tenants.
- Occupancy information: Who currently lives on the property, whether any co-owner occupies the property, and any efforts to exclude or admit other co-owners.
- Receipts and expense records: Records showing mortgage payments, property taxes, utility bills, insurance premiums, repairs, and capital improvements (including contractor invoices and permits).
- Agreements among co-owners: Any written partition agreements, buy-sell agreements, operating agreements (for property owned by an LLC), or prior settlement offers and correspondence about dividing the property.
- Communications and dispute history: Emails, letters, text messages, or other evidence of negotiation or attempts to resolve the dispute (mediation notes, demand letters).
- HOA or condominium documents: Covenants, conditions & restrictions (CC&Rs), bylaws, rules, and current statements of dues/assessments.
- Government notices: Code violation notices, tax sale notices, or environmental citations affecting the property.
- Photographs: Clear photos of the property, improvements, and any damage or dispute areas.
- Personal ID and contact info: Your government ID and best contact information, plus names and current addresses for all co-owners and known lienholders.
- Court and bankruptcy records: Copies of any prior court orders affecting the property (divorce decree, prior partition attempts, quiet title cases) and bankruptcy case numbers for any co-owner if applicable.
What your lawyer will ask you and why it matters
- How title is held: Whether title is joint tenants, tenants in common, or held in an entity. This affects the legal remedy and share calculation.
- Your desired outcome: Whether you prefer division in kind, a buyout of other owners’ shares, or a sale and proceeds division. Courts often consider feasibility of division in kind.
- Financial contributions: Who paid mortgages, taxes, insurance, and repairs. These figures support claims for credits or accounting of rents and profits.
- Occupancy and control: Who controls or occupies the property and whether anyone is withholding access or rents.
- Any urgent issues: Pending tax sales, foreclosure, dangerous conditions, or pending litigation that may require immediate relief (temporary injunction or appointment of a receiver).
How the attorney uses the materials
Your lawyer will use the documents to:
- Prepare and file a complaint for partition with the appropriate Rhode Island court (usually Superior Court). The complaint will identify parties, ownership interests, property description, and the requested relief under the partition statutes (R.I. Gen. Laws § 34-7-1).
- Identify necessary parties (all record owners and those with recorded interests or liens) so the court can bind them to the outcome.
- Request an accounting of rents and profits and seek credits for contributions or unequal payments by co-owners.
- Order a survey, appraisal, or appointment of a referee/commissioner if the court needs help dividing the land or setting the terms of sale.
- Negotiate a settlement (buyout, partition agreement, or sale) if the parties are willing to resolve the matter without a contested trial.
Special situations to flag to your attorney
- If a co-owner is deceased: Provide probate records and death certificates so the attorney can name heirs or personal representatives as parties.
- If a co-owner has filed bankruptcy: Give the bankruptcy case number. Bankruptcy can impose an automatic stay that affects partition timing.
- If minors or incapacitated persons are co-owners: The court will require special procedures (guardian ad litem, court approval) before property can be sold or partitioned.
- If there are environmental or municipal code violations: Provide related notices so the attorney can address cleanup or compliance costs.
For court procedures and timing, your lawyer will consult Rhode Island court rules and the Superior Court local practice. For general information about the Superior Court, see the Rhode Island Judiciary site: Rhode Island Superior Court.
Outcomes and costs to expect: A partition action may result in one of three typical outcomes: (1) a negotiated buyout where one co-owner purchases the others’ shares; (2) a division in kind when the court can physically divide the land; or (3) a court-ordered sale with proceeds divided after liens, costs, and credits. Costs can include court filing fees, service fees, appraisal and survey fees, attorney’s fees (if awarded), and possible sale/auction costs. Cases may resolve in months or take a year or more depending on complexity and contested issues.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed Rhode Island attorney about your specific situation.
Helpful Hints
- Start collecting documents early. Scans or clear photos of originals are helpful for an initial meeting, but your attorney may need certified copies later for court.
- Organize documents in folders: title/deeds, mortgages/liens, leases/rents, expenses/improvements, communications. A simple index page speeds review.
- If you can, obtain a recent title report from a title company — it will list current liens and owners and save time and expense.
- Get a current mortgage payoff statement if the property has a mortgage. Knowing lien amounts helps the attorney calculate net sale proceeds.
- Preserve electronic communications and texts. Courts accept them as evidence of negotiations or agreements among co-owners.
- Be ready to provide names and last-known addresses for all co-owners, heirs, and lienholders. Proper service on all interested parties is required to proceed.
- Tell your attorney about any urgent deadlines (pending foreclosure, tax sale, or probate deadlines) up front so they can request emergency relief if needed.
- Discuss costs and fee structure at your first meeting. Ask about likely out-of-pocket expenses (surveys, appraisals, filing fees) and whether the attorney seeks fee-shifting in the complaint.
- If owners are open to settlement, consider mediation before filing. A negotiated buyout or partition agreement can be faster and far less expensive than litigation.
- Keep copies of everything you give the attorney and request a written checklist of any missing items the attorney needs to proceed.